When Human Rights Clash at the European Court of Human Rights

Conflict or Harmony?

Edited by Stijn Smet and Eva Brems

Provides thorough analysis of leading Judgments of the ECtHR on human rights conflicts, including: freedom of expression versus right to reputation (defamation) and freedom of religion versus right to private life

Sets out different theoretical approaches to human rights conflicts, offering new insights

Offers practical solutions to human rights conflicts

When Human Rights Clash at the European Court of Human Rights

Conflict or Harmony?

Edited by Stijn Smet and Eva Brems

Description

The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions.

When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe's human rights court.

When Human Rights Clash at the European Court of Human Rights

Conflict or Harmony?

Edited by Stijn Smet and Eva Brems

From Our Blog

Freedom of religion and same-sex equality are not inherently incompatible. But sometimes they do seem to be on a collision course. This happens, for instance, when religiously devout marriage officers refuse to marry same-sex couples. In the wake of legal recognition of same-sex marriage around the world, states have grappled with civil servants who cannot reconcile their legal duties with their religious beliefs.